GSB#2015-1330

UNION#2015-0453-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dubuc)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Jesse Gutman Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER FOR THE ONTARIO PROVINCIAL POLICE

Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel Claudia Brabazon

HEARING

May 1, 2017

Decision

1In a decision dated November 3, 2016 in this matter, I denied the union’s request that I order the production of certain documents in the possession of the Office of the Fire Marshall because of their use in an OPP investigation. That denial, however, was limited to a period of six months, after which time the union could renew its request.

2On May 1, 2017 counsel for the parties appeared before me once again.

3In view of the agreement of the parties (including the OPP). I hereby direct that the documents in question are to be forthwith produced to the union. Access to these documents is to be restricted to counsel and one instructing client (including the grievor). The documents are to be used solely for the purpose of the instant proceeding and for no other purpose. I also note the further agreement of the parties that, in the event any of these documents are marked as exhibits in these proceedings, they will be sealed and, subject to any further rulings, are not to be released to any person.